Legal Services

(A) Grievances

In the case of a grievance under the Provincial or Regional Agreement, requests for legal assistance are handled as follows:

The member or in the case of a Regional Agreement, the Regional Grievance Committee consults with the assigned Staff Officer, after which the Staff Officer determines whether the NSTU will carry the grievance forward to arbitration.

If the member or Regional Grievance Committee does not agree with the Staff Officer’s decision, the member may appeal the decision in writing to the Executive Director. The decision of the Executive Director on whether the NSTU will carry the grievance is final.

If the NSTU assumes carriage of a grievance, the NSTU, after consultation with the member and/or the Regional Grievance Committee, makes all decisions relating to the carriage of the grievance, including, but not limited to, instructing counsel and making strategic decisions including withdrawing or settling the grievance prior to or during arbitration.

(B) Supensions, Terminations and Discharges

In the case of an appeal of a suspension, termination or discharge from employment pursuant to Section 36 of the Education Act, requests for legal assistance are handled as follows:

The member makes an application to the Appeals Committee through the Executive Director constituted under Operational Procedure 4(1);

The Appeals Committee inquires into the circumstances of the suspension, termination or discharge and provides an opportunity to interested parties to be heard in accordance with Operational Procedure 4(1)(b);

The Appeals Committee determines whether legal services will be provided by the NSTU.

There is no appeal from the Appeals Committee’s decision, unless the teacher can demonstrate that the Appeals Committee failed to follow appropriate procedures in arriving at is decision. In such a case, the member may appeal the Appeals Committee’s decision in writing to the Executive. The decision of the Executive is final.

If the NSTU provides legal services for a member’s Section 36 appeal, the NSTU, after consultation with the member, makes all decisions relating to the carriage of the appeal, including, but not limited to, instructing legal counsel and making strategic decisions relating to the appeal process and hearing. If the teacher fails to aid and co-operate with the NSTU or fails to reasonably follow the advice and direction of the NSTU and its appointed legal counsel, the NSTU may restrict or withdraw legal services.

Notwithstanding Article 20(A)(ii), if a member employed by the Nova Scotia Community College (“NSCC”) is terminated from employment and the member does not agree with the Executive Director’s decision regarding the NSTU’s carriage of the grievance, the member may appeal the decision in writing to the Executive. The decision of the Executive on whether to assume carriage of the grievance is final. All other provisions of Article 20 (A) apply to the provision of legal services in this instance.

(C) Criminal Matters

In the case of a criminal charge arising from the member’s employment, requests for legal assistance are handled as follows:

The member consults with a Staff Officer, after which the Staff Officer determines if legal services will be provided by the NSTU.

If the member does not agree with the Staff Officer’s decision, the member may appeal the Staff Officer’s decision in writing to the Executive Director. The decision of the Executive Director on whether to provide legal services is final.

If the NSTU decides to provide legal services, the NSTU has the right to be kept informed of developments and strategy and to be consulted by legal counsel. The provision of legal services may be withdrawn by the NSTU if the teacher fails to aid and co-operate with NSTU and its appointed legal counsel and/or fails to reasonably follow the advice and direction or follow the reasonable advice of the NSTU and its appointed legal counsel. As well, the NSTU can place monetary and other reasonable restrictions on the provision of legal services.

(D) NSTU will not be responsible for any bills for legal services that have not been authorized by the Staff Officer, Executive Director or Executive in advance.